IN THE CASE OF: BOARD DATE: 17 March 2011 DOCKET NUMBER: AR20100017970 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the following: * Item 5 (Date of Birth (DOB)) – 30 March 1939 * Item 11 (Primary Specialty Number Title and years and months in Specialty) – 11B5S Infantryman 8 years * Item 13 (Decorations, Medals, Badges, Citations. and Campaign Ribbons Awarded or Authorized) – Meritorious Service Medal with five oak leaf clusters, Korea Defense Service Medal, and Special Forces (SF) Tab * Item 14 (Military Education) – U.S. Army Institute for Military Assistance SF Course 2. The applicant states that inattention to detail by his personnel office and himself at the time of his retirement resulted in mistakes in his DD Form 214. 3. The applicant provides an internet printout titled, "[Department of Defense (DOD)] Announces Korean [sic] Defense Medal"; Headquarters, Department of the Army, General Orders Number 11, dated 23 April 1973; a DD Form 2 (U.S. Uniformed Services Identification Card); and two DD Forms 214, effective 23 May 1974 and 30 June 1984, respectively. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant is a retired command sergeant major/E-9 who served continuously in the Regular Army beginning with his enlistment on 1 July 1957 and ending with his honorable retirement on 30 June 1984. 3. He completed initial entry training and he was awarded military occupational specialty (MOS) 111.17 (Light Weapons Infantryman). His DA Form 20 (Enlisted Qualification Record) shows he was awarded this MOS on 5 December 1957 (later converted to MOS 11B) and later awarded MOS 76Y (Supply Clerk) on 17 July 1967. MOS 11B was withdrawn on 22 May 1982, when he was appointed a command sergeant major. 4. Item 15 (DOB) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his DOB as 30 March 1939. A review of his military record found he listed his DOB as 30 March 1939 on various forms during his active duty service, including an application for an identification card, fingerprint card, National Agency Check request, and medical documents. 5. He completed the following periods of foreign service: a. Germany from 1 December 1958 to 5 November 1960; b. Vietnam from 8 July 1965 to 22 June 1966. He was assigned to Company B, 1st Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division; c. Vietnam from 21 November 1967 to 23 September 1968. He was assigned to Headquarters and Headquarters Detachment, 801st Maintenance Battalion; d. Okinawa from 20 January 1970 to 1 July 1974; e. Germany from 20 December 1977 to 17 December 1980; and f. Korea from 11 June 1982 to 9 June 1983. 6. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 1 July 1957 to 1 August 1958 shows the Parachutist Badge in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 7. A DD Form 214 for the period 20 August 1958 to 19 August 1962 shows the 1st Class Gunners Badge (81mm Mortar), Marksman Marksmanship Qualification Badge (M-14), and Sharpshooter Marksmanship Qualification Badge (Pistol) in item 26. 8. A DD Form 214 for the period 20 August 1962 to 19 August 1968 shows the Army Good Conduct Medal (1st Award), Master Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and Bronze Star Medal in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 9. A DD Form 214 (Report of Separation from Active Duty) for the period 20 August 1968 to 23 May 1974 shows the Parachutist Badge, Army Good Conduct Medal (1st/2nd/3rd Award), Master Parachutist Badge, Vietnam Service Medal, Army Good Conduct Medal (4th Award),Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, National Defense Service Medal, Bronze Star Medal with 1st Oak Leaf Cluster, Army Commendation Medal with 1st Oak Leaf Cluster, four overseas service bars, Meritorious Unit Commendation, Valorous Unit Citation, Presidential Unit Citation with 1st Oak Leaf Cluster, and Armed Forces Expeditionary Medal (Korea) in item 24. Item 27 (Remarks) shows SF Training. 10. A DD Form 214 for the period 24 May 1974 to 13 October 1977 shows the Army Good Conduct Medal (4th Award), Master Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, National Defense Service Medal, Meritorious Unit Commendation, Presidential Unit Citation, Armed Forces Expeditionary Medal (Korea), Army Commendation Medal with 1st Oak Leaf Cluster, Bronze Star Medal with 1st Oak Leaf Cluster, Valorous Unit Award, Republic of Philippines Presidential Unit Citation, Marksman Marksmanship Qualification Badge (M-16), Combat Infantryman Badge, Air Medal, Bronze Star Medal (2nd Oak Leaf Cluster), Army Good Conduct Medal (5th Award), Vietnam Cross of Gallantry with bronze star, Vietnam Parachute Badge Master Level, and Expert Marksmanship Qualification Badge (M-16) in item 24. 11. A DD Form 214 for the period 14 October 1977 to 30 June 1984 shows the Bronze Star Medal with 1st Oak Leaf Cluster, Meritorious Service Medal, Army Commendation Medal with 1st Oak Leaf Cluster, Army Good Conduct Medal (7th Award), National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal, Army Service Ribbon, Overseas Service Ribbon (2), Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Vietnam Campaign Medal , Presidential Unit Citation (Philippines), Combat Infantryman Badge, Master Parachutist Badge, and Marksman Marksmanship Qualification Badge (M-16) in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized). 12. The DD Form 214 for the period 14 October 1977 to 30 June 1984 also contains the following information: * Item 5 – "390303" [3 March 1939] * Item 11 – "00Z5S COMMAND SERGEANT MAJOR 02 YRS 00 MOS//76Z5S SENIOR OPERATIONS SERGEANT 09 YRS 11 MOS//NOTHING FOLLOWS" * Item 14 – "NONE//NOTHING FOLLOWS" 13. The record contains a DA Form 638 (Recommendation for Award) and Headquarters, 7th Infantry Division and Fort Ord, Permanent Orders Number 073-01, dated 27 April 1984, which show he was awarded the Meritorious Service Medal (4th Oak Leaf Cluster) upon his retirement. 14. He submitted: a. a copy of his current ID Card which shows his DOB as 30 March 1939; b. an article titled "DOD Announces Korean [sic] Defense Service Medal" which outlines the purpose and requirements for the award; and c. Department of the Army General Orders Number 11, dated 23 April 1973, awarding his unit the Philippine Republic Presidential Unit Citation. 15. A review of the applicant's records indicates his entitlement to additional awards which are not listed on his final DD Form 214. 16. Headquarters, 2nd Infantry Division, Permanent Orders Number 123-14, dated 8 June 1983, awarded him the Army Achievement Medal for meritorious achievement from 5 March 1983 to 25 March 1983. 17. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 18. Department of the Army General Orders Number 48, dated 1971, awarded the 801st Maintenance Battalion the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970. 19. Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his multiple tours in the Republic of Vietnam participation credit was awarded for seven campaigns as indicated below. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars. * Vietnam Defense Campaign (8 March 1965 to 24 December 1965) * Vietnam Counteroffensive (25 December 1965 to 30 June 1966) * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) * Vietnam counteroffensive Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969 20. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated Soldiers who are SF qualified will be awarded a special qualification identifier (SQI) of "S" which will be shown as the 5th character of the MOS code. 21. Army Regulation 600-200 states that for Active Component institutional training, the SF Tab may be awarded to all personnel who successfully completed the SF Qualification Course or SF Detachment Officer Qualification Course [previously known as the SF Officer Course]. These courses are/were conducted by the U.S. Army John F. Kennedy Special Warfare Center [previously known as the U.S. Army Institute for Military Assistance]. 22. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that item 13 shows awards and decorations for all periods of service and item 14 shows education and training completed during the period covered by the DD Form 214. 23. Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Service Medal. 24. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 25. Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show the following: * Item 5 – 30 March 1939 * Item 11 – 11B5S Infantryman 8 years * Item 13 – Meritorious Service Medal with five oak leaf clusters, Korea Defense Service Medal, and SF Tab * Item 14 – U.S. Army Institute for Military Assistance SF Course 2. A review of his military records shows his DOB as 30 March 1939. As such, it appears the DOB on his DD Form 214 was transcribed in error. Therefore, it would be appropriate to correct his final DD Form 214 to show his DOB as 30 March 1939. 3. Permanent orders awarded him the Army Achievement Medal on 8 June 1983. Therefore, he is entitled to have this award added to his final DD Form 214. 4. The applicant served during a qualifying period for award of the Korea Defense Service Medal. Therefore, his DD Form 214 for the period ending 30 June 1984 should be corrected to show this award. 5. The record shows he completed six overseas tours. His record should be corrected to show Overseas Service Ribbon (6th Award). 6. He participated in seven campaigns during his service in Vietnam. Therefore, he is entitled to one silver and two bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 30 June 1984 to show these service stars. 7. His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards. 8. The SF Tab is not shown on his last DD Form 214. However, the record confirms he completed the training and the SQI is shown in the MOS's listed on his DD Form 214. Regulatory guidance requires that item 13 of the DD Form 214 show awards and decorations for all periods of service. Therefore, he is entitled to have his DD Form 214 corrected to show the SF Tab. 9. The evidence shows he completed SF training at the U.S. Army Institute for Military Assistance in 1970. This training is shown on his DD Form 214, effective 23 May 1974. Army Regulation 635-5 establishes that item 14 of the DD Form 214 shows education and training completed during the period covered by the DD Form 214. Therefore, he is not entitled to correction of his DD Form 214 effective 30 June 1984 to show he completed this training. 10. His DD Form 214 effective 13 October 1977 shows he was awarded MOS 11B on 5 December 1957. Therefore, his DD Form 214 effective 30 June 1984 should be corrected to add this MOS and show he held the MOS for 24 years and 4 months. 11. The record confirms he was awarded a fifth Meritorious Service Medal upon his retirement. His recommendation for the award specifically states "MSM 4th OLC" and the available records do not contain any prior or subsequent awards of the Meritorious Service Medal. Therefore, there is insufficient evidence to show he was awarded a sixth Meritorious Service Medal. His record should not be corrected to show he was awarded the Meritorious Service Medal with 5th Oak Leaf Cluster. 12. In view of the above, the applicant should be granted partial relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 26 of his final DD Form 214 the Vietnam Service Medal and Overseas Service Ribbon (2); b. amending item 5 to read "390330"; c. amending item 11 to read "00Z5S COMMAND SERGEANT MAJOR 02 YRS 00 MOS//76Z5S SENIOR OPERATIONS SERGEANT 09 YRS 11 MOS//11B4S INFANTRYMAN 24 YRS 04 MOS//NOTHING FOLLOWS"; and d. adding to item 13 of his DD Form 214, the following: * Army Achievement Medal * Vietnam Service Medal with one silver and two bronze service stars * Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Korea Defense Service Medal * SF Tab * Overseas Service Ribbon (6th Award) 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Meritorious Service Medal (6th Award) and adding SF training. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100017970 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100017970 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1